August 25, 2014:

City Council adopted the August 25, 2014 Order Paper, as amended and all other Items not held on consent.

August 26, 2014:

City Council adopted the August 26, 2014 Order Paper.

August 27, 2014:

City Council adopted the August 27, 2014 Order Paper.

August 28, 2014:

City Council adopted the August 28, 2014 Order Paper.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council amend Zoning By-law 438-86 for the lands at 89-109 Niagara Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the supplementary report (June 11, 2014), from the Director of Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following:

a.         The provision of 21 rental housing units, including 13 affordable rental housing units and 8 mid-range rental housing units, all of which are live-work units, and their maintenance as rental housing for a period of at least 20 years, to the satisfaction of the Chief Planner and as provided for in Schedule "A" of the draft Zoning By-law Amendment;

b.         $150,000.00 for the purpose of capital improvements to existing rental housing units provided by Toronto Community Housing Corporation in Ward 19;

c.         $100,000.00 for the purpose of improving existing parks in Ward 19;

d.         Noise and vibration mitigation measures as identified in the Addendum to the Environmental Noise & Vibration Feasibility Study dated April 7, 2014, prepared by Gradient Microclimate Engineering Inc., and the associated peer review dated April 11, 2014, prepared by Aercoustics Engineering Limited;

e.         Odour mitigation measures as identified in the Assessment of Potential Odour Impacts from a Nearby Abattoir dated December 2012, prepared by Zorix Environmental, and the associated peer review dated November 26, 2013, prepared by Ortech Environmental;

f.          Warning clauses and restrictive covenants in all purchase and sale agreements regarding the potential for noise and odour impacts from the nearby abattoir and the potential for noise impacts from road and rail sources, as detailed under the heading "Section 37 of the Planning Act" of the report (May 26, 2014) from the Director, Community Planning, Toronto and East York District;

g.         A minimum of 30 on-street bicycle parking spaces;

h.         Car-share agreement in place prior to construction, if car-share parking spaces replace parking spaces otherwise required for residential occupants, at a ratio of 1 car-share parking space to 4 residential occupant parking spaces, up to a maximum of 6 car-share parking spaces;

i.          A minimum of 30 percent of all the dwelling units on the lot shall be 2-bedroom units;

j.          A minimum of 10 percent of all the dwelling units on the lot shall be 3-bedroom units;

k.         A Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor;

l.          A Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Statement for the properties located at 89-91 Niagara Street, 93-97 Niagara Street, 100-107 Niagara Street and 109 Niagara Street dated February 2012 and revised March 2014, prepared by Bernard H. Watt Architect, all to the satisfaction of the Manager, Heritage Preservation Services; and

m.        A Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, to be provided to the City prior to the issuance of any permit for the properties at 89-91 Niagara Street, 93-97 Niagara Street, 100-107 Niagara Street and 109 Niagara Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance of the existing heritage buildings.

4.         City Planning provide further information on the provision of 21 rental housing units in the proposed development and propose any needed adjustments to the draft Zoning By-law attached as Attachment 7 through a Supplementary Report to Toronto and East York Community Council at the meeting scheduled for either June 17, 2014, or August 12, 2014.

5.         Before introducing the necessary Bills to City Council for enactment of the proposed Zoning By-law Amendment, City Council require that the owner shall have entered into a Heritage Easement Agreement with the City for the properties at 89-91 Niagara Street, 93-97 Niagara Street, 100-107 Niagara Street and 109 Niagara Street to the satisfaction of the Manager, Heritage Preservation Services and the City Solicitor including registration of such agreement to the satisfaction of the City Solicitor.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council communicate to the Province the City's support for the revitalization of Ontario Place as outlined in Attachment 1 to the report (August 6, 2014) from the City Manager, subject to the establishment of a joint and coordinated planning process, per Part 2 below.

2.         City Council authorize the City Manager and the Deputy City Manager, Cluster A to work with the Ministry of Tourism, Culture and Sport on a joint planning process and public consultation for the revitalization of Ontario Place, which includes City objectives for the development of the central waterfront, and the Exhibition Place strategic plan.

3.         City Council request the City Manager to report in the first quarter of the new term with more specific information on the scope of a joint planning process and public consultation, and to seek additional Council authorities, as required.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council, as the sole shareholder of the Casa Loma Corporation, amend the Board composition to delete the position of Executive Director, Culture and replace it with the position of Director, Museums and Heritage Services.

2.         City Council require the Casa Loma Corporation Board to amend Section 4.1 d) of By-law No. 1 of the Casa Loma Corporation to delete reference to the "Executive Director, Culture or her designate" and replace it with the "Director, Museums of Heritage Services or their designate".

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council, subject to obtaining the consent of the Toronto and Region Conservation Authority (the "TRCA"), authorize the City, in conjunction with the Toronto and Region Conservation Authority, on such terms and conditions as are satisfactory to the Deputy City Manager and Chief Financial Officer, in consultation with the General Manager, Economic Development and Culture, and in a form acceptable to the City Solicitor, to:

1.         Consent to and acknowledge an amendment to the terms of the RBC Loan to extend the RBC Loan to June 30, 2023 subject to the following conditions:

a.         reducing the $500,000 Cash Funds (the "City-Held Funds") provided by Evergreen to the City as security under the Lease Agreement by $200,000 the first year and then $100,000 per year for the following three years, and to apply the City Held Funds to the RBC Loan in accordance with Columns I and II of Schedule A to the report (August 6, 2014) from the Deputy City Manager, Cluster A, and the Deputy City Manager and Chief Financial Officer; and

b.         requiring Evergreen to make annual principal payments on the RBC Loan in accordance with the schedule set out in Column III of Schedule A, so that together with payments made by the City of the City Held Funds, the maximum outstanding balance on the RBC Loan at the end of each calendar year shall not exceed the amount shown in Column IV of Schedule A to the report (August 6, 2014) from the Deputy City Manager, Cluster A, and the Deputy City Manager and Chief Financial Officer.

2.         If Evergreen is unable to reach agreement with RBC on an amendment to the RBC Loan on the terms set out in Part 1.1 above, to consent to Evergreen negotiating a new loan with another lender to replace the RBC Loan (the "Replacement Loan") on the terms set out in Part 1.1 above.

3.         To amend the joint and several guarantee in respect of the Project, or provide a new joint and several guarantee to a new lender if Evergreen negotiates a Replacement Loan (the "Guarantee"), on the following terms:

a.         extending the term of the Guarantee by 7 years, from its current expiration on June 30, 2016 to expiration on the earlier of June 30, 2023 or the earlier date of termination or payout of the RBC Loan or the Replacement Loan; and

b.         reducing the amount of the Guarantee in each calendar year to the amount shown in Column II of Schedule B to the report (August 6, 2014) from the Deputy City Manager, Cluster A, and the Deputy City Manager and Chief Financial Officer.

2.         City Council authorize the City to enter into any Project-related agreements and amending agreements, including without limitation loan-related documents, guarantees, leases, consents, acknowledgements and agreements or ancillary documents between any or all of the following, the City, Toronto and Region Conservation Authority, Evergreen and RBC, or another Lender, and any such other parties as may be required, which, in the opinion of the General Manager, Economic Development and Culture, in consultation with the Deputy City Manager and Chief Financial Officer, and in a form satisfactory to the City Solicitor, may be required, desirable or necessary to give effect to City Council's decision.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council direct that the business terms contained in Appendix A to the report (July 31, 2014) from the General Manager, Economic Development and Culture be amended by adding the following to Condition 1:

"and to be reduced by $500,000 upon receipt of the $500,000 Section 37 contribution related to the development at 388 King Street West and 82 Peter Street".

2.         City Council provide its consent to Artscape registering a first mortgage on the Property in the principal amount of $800,000.00 to be registered in priority to any City interest, which consent would be conditional upon the terms and conditions set out in Appendix A of the report (July 31, 2014) from the General Manager, Economic Development and Culture, as amended by Part 1 above, and on such other terms and conditions acceptable to the General Manager, Economic Development and Culture and the Deputy City Manager and Chief Financial Officer.

3.         City Council authorize any agreements as may, in the opinion of the City Solicitor, be required to give effect to Council's decision, all in a form acceptable to the City Solicitor.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council receive the report (July 29, 2014) from the Chief and General Manager, Toronto Fire Services, the Chief, Toronto Police Service and the Chief, Toronto Emergency Medical Services, for information.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council authorize that Parks, Forestry and Recreation's 2014 – 2023 Capital Budget and Plan be amended to add a new capital project for the acquisition of parkland at 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street, with a 2015 cash flow as identified in Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A to be fully funded from Parkland Acquisition South District (Local land) reserve account XR2208.

2.         City Council consider this report and its related attachments concurrently with Item TE34.31, titled "Final Report – 5 to 25 Wellesley Street West and 14 to 26 Breadlabane Street – Zoning Amendment Application," at its meeting of August 25, 2014.

3.         City Council direct that Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A remain confidential under the provisions of the City of Toronto Act, 2006 as it relates to the acquisition by the City of property.

4.         City Council authorize the public release of the confidential information and recommendations contained in Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A following the closing of any purchase transaction.

Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A remains confidential in its entirety at this time in accordance with the City of Toronto Act, 2006, as it relates to the acquisition of property by the City.  The confidential information and confidential recommendations contained in Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A will be made public following the closing of any purchase transaction.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council authorize the Chief Corporate Officer to negotiate the acquisition of the Property with Toronto Catholic District School Board at a purchase price as outlined in Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A, and authorize the City to enter into an agreement of purchase and sale substantially on the terms outlined in Appendix A to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A and on such other terms and conditions and such related documents as may be acceptable to the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

2.         City Council authorize an amendment to the 2014 Parks, Forestry and Recreation Capital Budget to create a new capital project called "20 Starview Lane - Community Centre Land Acquisition" as outlined in Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A, including all fees and disbursements, to be funded from Parkland Acquisition – City-wide Land Acquisition (XR2210) when the successful negotiations are completed.

3.         City Council authorize the Chief Corporate Officer to administer and manage the transaction, including the provision of any consents, approvals, waivers and notices, provided that she may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction.

4.         City Council authorize the City Solicitor to complete the contemplated transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

5.         City Council direct that the confidential information contained in Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A remain confidential, as it pertains to a proposed or pending acquisition of land for municipal or local board purposes.

6.         City Council authorize that the appropriate City officials be directed to take the necessary action to give effect to Council's decision.

Confidential Attachment 1 to the report (August 6, 2014) from the Deputy City Manager and Chief Financial Officer and the Deputy City Manager, Cluster A remains confidential in its entirety in accordance with the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition of land for municipal or local board purposes.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council authorize the Chief Corporate Officer to negotiate, and the City to enter into an Agreement of Purchase and Sale for the Property, with the owner of 196 Manor Road East on such other terms and conditions as may be acceptable to the Chief Corporate Officer in consultation with the Acting General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

2.         City Council amend the 2014 Capital Budget of Parks, Forestry and Recreation by the addition of a project "196 Manor Road East Parkland Acquisition" in an amount set out in Confidential Attachment 1 to the report (August 5, 2014) from the Chief Corporate Officer and the Acting General Manager, Parks, Forestry and Recreation with funding provided from the Parkland Acquisition - South District Local Parkland Reserve Fund (XR-2208) upon receipt of an executed Offer to Sell from the owner.

3.         City Council authorize either of the Chief Corporate Officer or the Director, Real Estate Services to execute documents related to this transaction on behalf of the City.

4.         City Council authorize the Chief Corporate Officer to administer and manage the transaction, including the provision of any consents, approvals, waivers and notices, provided that she may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction.

5.         City Council authorize the City Solicitor to complete the contemplated transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

6.         City Council authorize that the appropriate City officials be directed to take the necessary action to give effect to Council's decision.

7.         City Council direct that the confidential recommendations and information contained in Confidential Attachment 1 to the report (August 5, 2014) from the Chief Corporate Officer and the Acting General Manager, Parks, Forestry and Recreation remain confidential until such time as the proposed transaction has been completed.

Confidential Attachment 1 to the report (August 5, 2014) from the Chief Corporate Officer and the Acting General Manager, Parks, Forestry and Recreation remains confidential in its entirety at this time in accordance with the City of Toronto Act, 2006, as it relates to proposed or pending acquisition of land for municipal or local board purposes.  The confidential  information and confidential recommendations in Confidential Attachment 1 to the report (August 5, 2014) from the Chief Corporate Officer and the Acting General Manager, Parks, Forestry and Recreation will be made public at such time as the proposed transaction has been completed.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.          City Council amend the Public Appointments Policy to provide for the following process improvements:

a.         staggered terms of office for all boards not otherwise prescribed by law so that the terms of half the members expire every two years;

b.          continuous intake of applications, and use of the resulting pool of applicants to fill vacancies instead of the appointment of alternates;

c.         public reporting of recommended candidates' names to City Council for appointment; and

d.         consultation with board chairs and chief executives on the required skills and experience needed for a board during the staff screening process.

2.          City Council establish additional nominating panels to assist the Civic Appointments Committee in the interviewing and nomination of candidates for appointment as set out in Appendix 1 to the report (August 6, 2014) from the City Clerk, such panels to:

a.         report directly to City Council;

b.          be composed of three Members of Council; and

c.         be appointed by City Council on the recommendation of the Striking Committee following a canvass of Members for their interest in serving on the panels to be conducted by the City Clerk following the 2014 election.

3.          City Council request the City Clerk to review the public appointments policy and process in light of the first round of appointments in the new term and to make any recommendations for further improvements.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council approve an increase to the Toronto Public Health 2014 Approved Operating Budget by $20.0 thousand gross and $0 net budget for the administration of an annual Long Term Care Education Event.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council authorize the creation of two new sub-projects and the reallocation of funds in the Sustainable Energy Plan's 2014 Capital Budget and 2015 to 2023 Capital Plan in the amount of  $1.467 million with a zero gross and net budget impact, as outlined in Table 1 in the report (July 22, 2014) from the Chief Corporate Officer.

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council authorize the reallocation of funds in Facilities Management and Real Estate's approved 2014 Capital Budget in the amount of $1.9 million as illustrated in Schedule A to the report (July 22, 2014) from the Chief Corporate Officer with zero gross and net impact.

2.         City Council authorize the deferral and acceleration of funds in Facilities Management and Real Estate's approved 2014 Capital Budget and 2015 - 2023 Capital Plan in the amount of $3.395 million as illustrated in Schedule B to the report (July 22, 2014) from the Chief Corporate Officer with zero gross and net impact.